Professional Documents
Culture Documents
No. 10-4497
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (5:94-cr-00097-F-6)
Submitted:
Decided:
April 4, 2011
PER CURIAM:
Timothy
fifty-nine-month
Gerome
McCullers
sentence
supervised release.
imposed
appeals
upon
from
revocation
his
of
his
are
no
meritorious
issue
of
whether
issues
McCullers
for
appeal,
sentence
is
but
raising
unreasonable.
the
We
affirm.
A
release
sentence
should
statutory
be
maximum
imposed
after
affirmed
and
is
if
it
not
revocation
is
plainly
within
of
supervised
the
applicable
unreasonable.
United
this
determination,
sentence is unreasonable.
we
first
Id. at 438.
consider
whether
In
the
generally
the
procedural
and
substantive
considerations
that
some
unique
necessary
nature
of
modifications
supervised
to
release
take
into
revocation
account
the
sentences.
A
procedurally
Chapter
sentence
imposed
reasonable
Seven
policy
if
upon
the
revocation
district
statements
and
of
court
the
18
(2006);
Crudup,
461
F.3d
at
is
considered
U.S.C.
release
the
3553(a)
See 18 U.S.C.
438-40.
sentence
found
decide
[T]he
procedurally
whether
court
the
or
substantively
sentence
ultimately
Id. at 439.
has
is
plainly
broad
We affirm if the
Only if a sentence
unreasonable
will
unreasonable.
discretion
to
revoke
we
Id.
its
Id.
imposing
sentence,
the
district
court
must
The
court
need
not
revocation
be
as
sentence
detailed
as
or
it
post-conviction sentence.
specific
must
be
when
when
imposing
imposing
a
a
in
Sentencing
sentencing
McCullers,
Guidelines
as
appropriately
advisory,
properly
treating
the
calculating
and
the
above
Guidelines
sentence
unreasonable).
sentence
and
we
conclude
the
outside
the
Guidelines
range
is
by this court.
Moreover,
challenging
his
McCullers
sentence.
faces
Even
if
very
he
heavy
could
show
burden
in
that
his
filed
pro
se
supplemental
brief
maintaining that his sentence was excessive and that he did not
4
admit
to
release.
drug
In
distribution
accordance
as
with
violation
Anders,
we
of
have
his
supervised
reviewed
these
issues and the record in this case and have found no meritorious
issues for appeal.
and
sentence.
McCullers,
in
writing,
court
requires
that
of
right
petition
the
to
counsel
the
inform
Supreme
If McCullers
Counsels
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED